Social Security Disability Process
Initial Claims:
When applying for the first time there is a general 5 month waiting period for benefits. If denies your claim then filed as a Reconsideration. Next step is then a Administrative Law Judge(ALJ) for a hearing. Next step after denial is to be heard at a Appeals Council for review. If still denied, the case has to be heard at a Federal Court. Overall processing time from 6 months to 2 years.
Post-Eligibility Claims:
At your initial consultation for continuing disability benefits , Proposed Decision, Overpayment & Cessation cases, I will determine if you are still continuing to see your doctor for disability which you have been granted SSI/SSDI benefits. Secondly, I will see If you are working at or above SGA and then I will ask you to submit your past and current financial records as well as your living situation. From this initial assessment, I will send you a detailed questionnaire outlining your financial and medical situation. Once I have all preliminary documents and letter from SSA explaining why they have come to their conclusion, I will sent out some forms allowing me to represent you in front of SSA on your behalf. On initial claim you will have to meet Social Security’s disability standards. Social Security’s CDR and Overpayment standards are very complex and detailed oriented.
Should we mutually agree that Baywide Disability will represent you during our initial meeting, I will thoroughly discuss the Social Security CDR and Overpayment process. We will talk about your individual disabilities, financial situation during time pf Overpayment and how your disabilities and working situation affects your life; and, specifically, how your disabilities affecting you while working. We will also discuss your work and education history during time of overpayment from SSA
There are three sequential steps to a disability claim. Each step must be filed individually or together. A waiver of benefits from SSA. This is where 1). SSA was at fault in causing the overpayment to happen or in rare situations a claimant is mentally not able to read, write and understand oral or written language. The forms are all submitted to the local District Office where they It will be assigned a case worker who will see If there are grounds for aa waiver. To be granted. The second sequence is a review of your case. This is where your case will be reassigned to another worker, usually the supervisor. Third sequence is a formal hearing, This is where witnesses can testify on your behalf. Fourth sequence is Administrative Hearing or a formal conference in front of a SSA Administrative Law Judge(ALJ) to go over all previous steps above. The final stage and most lengthy and costly, is Federal Court. This is where a lawyer will have to come in.